Is there a different burden of proof in relation to misconduct cases in which there is a possibility that an employee who works with children may pose a danger? No, says the EAT in K v L UKEAT/0014/18/JW – 3PB

‘The Claimant had been employed by the respondents for 20 years as a teacher. On 30th December 2016 the Police entered his property having been granted a warrant to search for and seize computers in the possession of the Claimant. The warrant was based on intelligence that indecent images of a child or children had been downloaded to an IP address associated with the Claimant. The Claimant lived at the address with his son. One of the computers was found to have data that was of interest to the Police.’

Full Story

3PB, 2nd October 2020

Source: www.3pb.co.uk

Part 1: Expert evidence – Additional expert evidence following a Joint Report. – Parklane Plowden Chambers

Posted October 27th, 2020 in evidence, expert witnesses, news, noise, personal injuries by sally

‘The recent case of Hinson v Hare [2020] EWHC 2386 QB provides further clarification on the circumstances in which a court may allow one party permission to rely on a further expert report, when the conclusions reached by the single joint expert are not to their liking. Whilst the specific claim was for noise induced hearing loss (NIHL) the principles expounded can be applied generally.’

Full Story

Parklane Plowden Chambers, 2nd October 2020

Source: www.parklaneplowden.co.uk

High Court upholds refusal by judge to admit witness statement from council officer in eviction proceedings brought by housing association – Local Government Lawyer

Posted October 15th, 2020 in admissibility, appeals, evidence, housing, landlord & tenant, news, repossession, witnesses by tracey

‘The High Court has dismissed an application to overturn a judge’s refusal to allow tenants to rely on a witness statement from a council officer in eviction proceedings brought by a housing association.’

Full Story

Local Government Lawyer, 15th October 2020

Source: www.localgovernmentlawyer.co.uk

Search warrants reform to help law enforcement investigate crime – Law Commission

Posted October 7th, 2020 in evidence, Law Commission, police, statute law revision, Uncategorized, warrants by tracey

‘Reforms that would reduce the number of unlawful search warrants being issued and help law enforcement to investigate crime and collect evidence (especially that stored electronically) have today [7 October 2020] been recommended by the Law Commission, the Government’s independent law reform body.’

Full press release

Law Commission, 7th October 2020

Source: www.lawcom.gov.uk

Gaia Pope death: Family wants answers to ‘vital questions’ – BBC News

Posted September 16th, 2020 in bereavement, coroners, delay, evidence, families, inquests, mental health, news, police, rape, sexual offences by michael

‘The family of a teenager found dead 11 days after going missing nearly three years ago said “vital questions” about her death remain unanswered.’

Full Story

BBC News, 16th September 2020

Source: www.bbc.co.uk

Case Comment: Sutherland v Her Majesty’s Advocate (Scotland) [2020] UKSC 32 – UKSC Blog

Posted September 3rd, 2020 in evidence, human rights, internet, news, privacy, Scotland, sexual offences, Supreme Court by sally

‘In this post, Joanna Clark and Emma Ainsley of CMS discuss the judgment handed down by the UK Supreme Court on 15 July 2020 in a referral from the High Court of Justiciary, the Scottish criminal appeal court, in the matter of Sutherland v Her Majesty’s Advocate [2020] UKSC 32 concerning the admissibility of evidence obtained by so-called “paedophile hunter” groups in criminal trials.’

Full Story

UKSC Blog, 1st September 2020

Source: ukscblog.com

Judges issues guidance to experts on remote evidence – Litigation Futures

Posted September 3rd, 2020 in evidence, expert witnesses, news, remote hearings by sally

‘A panel of top judges has issued guidance for expert witnesses on giving evidence remotely, which warns that “processing information through online contact is hard”.’

Full Story

Litigation Futures, 3rd September 2020

Source: www.litigationfutures.com

Family Court judge allows autistic mother to type evidence in witness box during care proceedings – Local Government Lawyer

‘A Family Court judge has hailed the success of allowing an autistic mother’s oral evidence in care proceedings to be given by presenting her with written questions whilst in the witness box and for the answers to be typed in real time.’

Full Story

Local Government Lawyer, 25th August 2020

Source: www.localgovernmentlawyer.co.uk

Vulnerable victims to give pre-recorded evidence to trials – BBC News

Posted August 24th, 2020 in children, criminal justice, evidence, news, trials, victims, video recordings by sally

‘Children and other vulnerable victims of crime can pre-record evidence to avoid attending court from today.’

Full Story

BBC News, 24th August 2020

Source: www.bbc.co.uk

High Court overturns ruling that claimant was not fundamentally dishonest – Litigation Futures

Posted August 11th, 2020 in accidents, costs, evidence, news, personal injuries, road traffic by sally

‘The High Court has overturned a ruling that a claimant who defeated an argument that a car accident he was involved in was bogus, but lied about his injuries, was not fundamentally dishonest.’

Full Story

Litigation Futures, 11th August 2020

Source: www.litigationfutures.com

‘Deepfake’ warning over online courts – Legal Futures

‘Video manipulation software, including ‘deepfake’ technology, poses problems for remote courts in verifying evidence and that litigants or witnesses are who they say they are, a report has warned.’

Full Story

Legal Futures, 29th July 2020

Source: www.legalfutures.co.uk

Depp libel trial reveals problems of proof in domestic violence cases – The Guardian

‘Despite being a libel case, Depp v News Group Newspapers Ltd & Another felt more like a criminal trial at the Old Bailey, or a domestic violence hearing in the family courts.’

Full Story

The Guardian, 28th July 2020

Source: www.theguardian.com

Supreme Court rules there is no right to privacy against “paedophile hunters” – an extended look – UK Human Rights Blog

‘In Sutherland v Her Majesty’s Advocate, the Supreme Court ruled unanimously that it was compatible with the accused person’s rights under ECHR article 8 to use evidence obtained by “paedophile hunter” (“PH”) groups in a criminal trial.’

Full Story

UK Human Rights Blog, 21st July 2020

Source: ukhumanrightsblog.com

One in 70 recorded rapes in England and Wales led to charge last year – The Guardian

‘Fewer than one in 70 recorded rapes resulted in a charge last year, as tens of thousands of victims did not support demands from police and prosecutors and withdrew from the process.’

Full Story

The Guardian, 17th July 2020

Source: www.theguardian.com

The 4 Principles Applicable to Telephone Disclosure by Giles Bridge – Broadway House Chambers

‘You are the witness to or the victim of a crime. The police officer says that they need you to hand over your mobile phone. The officer says it will be examined and all of the contents may be downloaded. The officer cannot say when you will get your phone back. There is a long backlog of phones waiting to be downloaded, it could be a couple of months. It’s your phone, you really rely upon it. Like most people, your average screen time has rocketed during lockdown. There is so much detailed and very personal information on that phone. You ask the officer, ‘Do you really need to take my phone?’ You are very reluctant to hand it over. The officer says, if you do not hand it over the case probably will not go any further. Discussions like this take place every day across the United Kingdom.’

Full Story

Broadway House Chambers, 29th June 2020

Source: broadwayhouse.co.uk

The Criminal Procedure Rules – Not Just for Decoration by Paul Canfield – Broadway House Chambers

‘The recent case of R v Smith [2020] EWCA Crim 777 highlighted just how important the Criminal Procedure Rules are, and how, despite the pressures that practitioners face, they must be complied with to deal with any disputes surrounding evidence or procedure that may arise.’

Full Story

Broadway House Chambers, 29th June 2020

Source: broadwayhouse.co.uk

Attending a court to give evidence for the employer is not ‘‘work’’ for the purposes of the ‘furlough’ scheme – 3PB

‘According to a report in the Nottinghamshire Law Society Civil Court User Bulletin No 5. HHJ Godsmark QC, on an application to vacate a trial on account of the Defendant’s witnesses being “furloughed”, stated that, “attending a court to give evidence for the employer is not ‘work’ and certainly not work within the meaning of the furlough scheme”.’

Full Story

3PB, 3rd July 2020

Source: www.3pb.co.uk

Amber Heard can be in court for Johnny Depp’s evidence, high court rules – The Guardian

‘Johnny Depp has failed to stop his ex-wife Amber Heard from watching him give evidence in a libel case over allegations of domestic abuse.’

Full Story

The Guardian, 4th July 2020

Source: www.theguardian.com

UK judge rules against Johnny Depp over ‘drugs texts’ in libel case – The Guardian

Posted June 30th, 2020 in defamation, disclosure, domestic violence, drug abuse, evidence, news by sally

‘Johnny Depp has breached an order in a libel case by failing to disclose texts that apparently show him trying to obtain drugs, the high court has ruled.’

Full Story

The Guardian, 29th June 2020

Source: www.theguardian.com

CPS secretly dropped ‘weak’ rape cases, say rights groups – The Guardian

Posted June 30th, 2020 in Crown Prosecution Service, evidence, news, prosecutions, rape by sally

‘Rape cases where a woman was held at knife point, a film of an attack was found on a suspect’s phone and an alleged perpetrator admitted the offence in text messages are among those dropped by the Crown Prosecution Service, documents shared with the Guardian reveal.’

Full Story

The Guardian, 30th June 2020

Source: www.theguardian.com